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Periodical article | Leiden University catalogue | WorldCat |
Title: | The colonial heritage of legal pluralism: the British scheme |
Author: | Bentsi-Enchill, Kwamena |
Year: | 1969 |
Periodical: | Zambia Law Journal |
Volume: | 1 |
Issue: | 2 |
Pages: | 1-30 |
Language: | English |
Geographic terms: | Zambia Great Britain |
Subject: | reception of foreign law |
Abstract: | The article presents an extract from the first part of the A.'s book 'Law in a changing Africa From colonial pluralisrn to the integration of legal systerns'. Parts: 1. The formal sources of legal pluralism - 2. The standard formula for the reception of English law and its problems (introductory; the English law reception clause itself; problems of interpretation) - 3. The formula for the recognition of native law and custom (the conditions of validity, the problem of ascertainment) - 4. Problems concerning the choice of law rules (native law and custom as between natives; the exceptions; as between natives and non-natives; the residual rule). |